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  #1 (permalink)  
Old 03-15-2013, 07:11 PM
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Default Husband's I140 APPROVED AND I hv converted my H4 to F1- worried about STAMPING!!!

Hello All,

i came to the us in 2010 on h4 visa and converted it to F1 in jan.my husband got his I140 approved a few days ago. i now wish to go to india in may. i am aware, that i have to get my visa stamped. my questions are-

1) what are my chances, of getting it stamped?

2) my program is health oriented, basically non IT, so no chance of OPT. will that help.

3) am concerned about showing non immigrant intent?

4) if my F1, is denied can i get my H4 stamped? also can this effect my husband's H1b?

p.s i have some properties in my name and am the only child.
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  #2 (permalink)  
Old 03-16-2013, 12:53 AM
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Find my answers below:
1) u have a very good chance of getting stamped
2) any program qualifies for 12 moths OPT.
3) saying that ur husband has 140 will not impact, when asked
4) yes
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  #3 (permalink)  
Old 03-16-2013, 01:25 AM
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Default

thankyou for your reply.

Even though you say that my husband's I140 status wont effect my stamping but how will i show non immigrant intent since f1 non immigrant visa? i know that i am eligible for OPT but so many certifications are required.
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  #4 (permalink)  
Old 03-16-2013, 10:59 AM
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Cool

Quote:
Originally Posted by mishrikhurana View Post
thankyou for your reply.

Even though you say that my husband's I140 status wont effect my stamping but how will i show non immigrant intent since f1 non immigrant visa? i know that i am eligible for OPT but so many certifications are required.
First off, it is ur husband's 140. It definately has bearing on you, but not to the extent of affecting your F1 stamping.

Second off, u are on F1 and haven't yet completed the program which more or less ensures ur stamping. This is my personal experience. My wife was on the same boat as u were and sailed through without any issues.

Third off, if u don't intend to avail OPT how does it matter if u are on h4 or f1! In such a case, u are betteroff on h4 (as h4 u will be paying in state/out state tuition but not the f1/international student).

All the best,
Naveen
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  #5 (permalink)  
Old 03-16-2013, 11:24 AM
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Default

Hi Naveen,

Thankyou for responding to my query. The thing is i went on F1 coz am studying in mid west and my husband's in south east region basically 2 diff states. Also, i wanted to apply for RA ship, hv'nt got it yet.

The reason i asked about 140's effect on my f1, i spoke to a few attorney's and they said the chances are very bleak and if they want they might go after my husband's H1b.

P.s when did ur wife get her stamping done??
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  #6 (permalink)  
Old 03-18-2013, 06:57 PM
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I do not know about your chances of F1 approval/denial at the Consulate.

However, your husbands I-140 status should be safe in either case. Even if your F1 gets denied, you should be able to return to the US on a H4 dependent status.

Good luck
Nag
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  #7 (permalink)  
Old 03-18-2013, 09:43 PM
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Feb 2012.
U F1 stamping will go fine. All the best.
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